personal injury

Distracted Driving Involves More Than Your Phone

June 15, 2020 | Gregory J. Brod

To most people, the term ‘distracted driving’ usually refers to texting while driving. Although texting and driving is a form of distracted driving, and against the law, there are many other types of distractions drivers contend with when behind the wheel. Although these other forms of distractions may not be against the law, a driver may still be found negligent when engaging in these behaviors. Accident victims can hold negligent drivers liable for providing compensation for any injuries or losses. For this reason, it is crucial that all drivers are aware of the different types of distractions, so they can avoid them.

Adjusting Controls in the Vehicle

Looking over to adjust the climate control in your vehicle, the radio, or any other type of control may seem like a fairly safe practice. When you do this though, you take your eyes off of the road, and you can cause an accident in that short moment. If possible, ask a passenger to make these adjustments, or use the controls on the steering wheel, if your vehicle is equipped with them.

Nursing Home Abuse and Negligence During COVID-19

April 10, 2020 | Gregory J. Brod

As the new coronavirus sweeps the globe, residents in nursing homes have been some of the hardest hit populations. An outbreak, which can be declared after just one of two residents test positive for the virus, can be deadly for anyone in the nursing home. Since the virus first emerged, it has been said that the people most vulnerable to the sickness are the elderly.

Although there is seemingly little that can be done about it, the staff and owners of these nursing homes have more responsibility on their shoulders than ever. When they fail to meet that responsibility and are negligent in their duties, nursing home residents and their families can hold those staff members and nursing home owners liable for any damages. A California nursing home abuse lawyer can help families with their case.

Nursing Home Guidelines During COVID-19 Set By CMS

What You Must Prove in a Dog Bite Claim

March 31, 2020 | Gregory J. Brod

In the best of cases, a dog bite results in only very minor injuries. In the worst cases, victims suffer severe lacerations that often come with complications, permanent scarring, and more. When accident victims suffer from these injuries, they can file a claim against the dog owner to secure compensation that can help with their recovery. California is a strict liability state. This means that victims do not have to prove that the dog owner was negligent or knew of a dog’s violent history. However, there are still certain elements of proof that are required in dog bite cases. These are outlined below.

You Were Legally Located

To have a valid dog bite claim, you must have legally been on the property where you were bitten. If you were in a public space, such as a park, you likely have a valid claim. If you were legally on private property, such as at a friend’s house, you also likely have a valid claim. However, if you were illegally on property, you are considered a trespasser and you may not have a valid dog bite claim.

When do You Need a Car Accident Lawyer?

January 31, 2020 | Gregory J. Brod

Car accidents occur every day in California. Even when a crash is caused by another person’s negligence, though, it may not require the help of a car accident lawyer. Although most car accident claims can greatly benefit from the help of an attorney, seeking legal counsel is not always necessary. How do you know if you need the help of a lawyer? If your car accident involves any of the factors below, the chances are good that your claim can greatly benefit from the advice of a San Francisco car accident lawyer.

The Accident Involved Serious Injuries or Death

If you only sustained minor bruises and scrapes in the accident, there is a good chance that you do not need a lawyer. When the injuries are more serious, however, or worse, result in wrongful death, you must seek the help of an attorney who knows the law and can advise on your claim.

Three Common Types of Accidents in Winter

December 30, 2019 | Gregory J. Brod

California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter.

How Long Will My Personal Injury Case Take?

October 31, 2019 | Gregory J. Brod

Many people are hesitant to file a lawsuit because they envision a long and drawn-out legal battle in the courtroom. Not all personal injury cases take a long time to resolve, however. Even when they do, they are worthwhile for accident victims to pursue. These claims are often the only way to obtain compensation that can help with medical expenses, lost income, and more. So, if you have been hurt by someone else’s negligence and wish to file a personal injury claim, how long will it take? That is a difficult question for anyone to answer, even after evaluating the facts of your case. However, there are a few guidelines below you can follow to determine how long it will take before your case is finalized.

Settlement Negotiations

You may receive your first settlement offer from the other side’s insurance company shortly after the crash. Often this happens just days after an accident while you are still in the hospital. Truthfully, these negotiations can take anywhere from a week to several years. This is because negotiations never really stop until your case is finalized and has been closed.

Tips for Taking Pictures After a Car Accident

July 25, 2019 | Gregory J. Brod

When it comes to evidence of a car accident, photos taken at the scene are some of the most important. Eyewitnesses are not always present at the accident scene. Without photographs, there is sometimes little reliable evidence to be collected from the scene aside from the police report. Photos of the scene are so important that this step is listed on every single list of what to do after an accident. However, what should you take pictures of after a crash, exactly? Below you will find, according to San Francisco car accident lawyers, the most important items to document, and tips for taking pictures after a car accident.

Take a Picture of the Whole Scene

You will want pictures capturing the entire scene to depict exactly what happened. Take a few steps back and take several photos from different angles. Make sure all vehicles involved are in the picture, as well as objects such as guardrails or trees that might be relevant. You also want to show the positions of the vehicles, as this can help determine which driver was negligent.

Steps in a Personal Injury Lawsuit

June 28, 2019 | Gregory J. Brod

There are many reasons people do not file personal injury claims, even when they are eligible for compensation. One of those reasons is simply the fear of the unknown. They do not know what to expect from a lawsuit, what steps to take, or what will be expected of them. If you have been hurt by someone else’s negligence, it is important that you do not let this fear keep you from the compensation you deserve. Becoming familiar with the process can make it less stressful, and help you feel more confident about your claim.

Finding the Right Attorney

If you have been hurt in a slip and fall, or any other accident that allows for compensation under the California Civil Code, you need to first speak with an attorney. An attorney will guide you through all the steps in a lawsuit and tell you what is coming next. Your lawyer will also review your claim and explain the California laws that pertain to it. If your attorney determines that you have a case, he or she will start collecting evidence and building your claim.

Should You Speak to the Insurance Company After an Accident?

April 15, 2019 | Gregory J. Brod

In California, everyone must carry the minimum amount of insurance required by state law. When you get into an accident with a negligent driver, you will have two insurance companies to deal with — your own, and that of the other driver. While this may sound fairly straightforward, it is not.

The insurance company, particularly the one for the other driver, is not your friend. They will try anything they can to get you to admit fault, or take your words out of context so you look like the negligent party. Many drivers are not familiar with their tactics. As such, they get tricked into providing things not required of them by law, or signing away their rights. Below are a few of the strategies these companies use to ruin your claim.

They Show Up Immediately

Civil Lawsuits are Possible for Victims of Sexual Assault

March 11, 2019 | Gregory J. Brod

Leaving Neverland, the documentary outlining the sexual assault two young boys experienced at the hands of Michael Jackson, aired for two nights on HBO this past week. In the documentary, the boys recounted how Jackson not only abused them, but threatened them with the prospect of jail if they were to tell anyone. The boys were 7 and 10 at the time the abuse took place.

The documentary was graphic, sparing no detail, and was difficult to watch. It was an important documentary though, as hopefully it now gives sexual assault victims the voice they need to come forward and to know their story will be believed. It is important that any victim of sexual assault understands that they too, can come forward, even if not to pursue criminal charges. In California, it is also possible to file a civil lawsuit to claim compensation for this type of abuse.

Types of Sexual Assault